공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. The fact that the Defendant was sentenced two times to a fine for violent crimes, the establishment of the State’s legal order and the establishment of public authority and the eradication of the light of public authority requires strict punishment on the crime of interference with the performance of official duties. The instant crime is a situation unfavorable to the Defendant that the Defendant committed an assault against a police officer in the course of performing official duties, and that it is not good to the nature of such offense.
On the other hand, the following points are favorable to the defendant.
The Defendant confessions the facts charged in the instant case and repents his mistake.
Defendant has no record of punishment for the same kind of crime.
The degree of assault in the crime of interference with the performance of official duties is relatively weak.
In addition, comprehensively taking account of various sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, sex, environment, and relationship with the victim, the lower court’s punishment is too uneasible and unreasonable.
The prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.